Zoning Variances
Once you own a piece of land, you can apply for a zoning variance from your local zoning board, which may be at the county or city level. This is usually done by filling out a form and submitting plans and documentation about your proposed use, then waiting for the board to meet and rule on your application.
But it’s generally not advisable to buy property on the expectation of getting a variance. Zoning variances are very rarely granted, especially for small groups of individuals. (Property developers with connections to city government get them slightly more often as a result of negotiations with the city around housing and jobs.) Since you must already own the land you’re seeking a variance for, this requires investing a large amount of money before you even know if you’ll be able to build what you want.
Variances also take a long time to secure. This can delay a project by years and jeopardize funding (see the example of the Rocky Corner cohousing project in Connecticut, which lost access to its funding by the time it finally secured a zoning variance).
The legal standard for granting a zoning variance is often difficult to meet. For example, Washington, D.C. requires you to prove that the existing zoning results in “exceptional practical difficulties or exceptional and undue hardship” on you as a property owner (something beyond “I want to live here and can’t currently”). After that, the Zoning Board must determine that granting the request would not result in “substantial detriment to the public good” and that the use you are proposing would be consistent with “the general intent and purpose” of the zoning regulations as a whole.
Sometimes zoning variances are granted if the existing zoning prohibits you from doing something on your property that would be permitted by other property owners of lots of the same size and location. Perhaps there is a historical oddity or mistake in the way land use districts were drawn that left your particular lot with an odd result. Generally, the reason must be unique to your property.
Even if you get one, the variance doesn’t remove all zoning restrictions - it will specifically allow you to do the one thing you’ve asked to do. If you want to do something else out of keeping with zoning in the future, you’d need to apply for another variance.
A local property lawyer with experience in zoning will be able to advise you on the specifics of your area. See the Resources section on how to find a local property lawyer.
